Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
23-55574
|
Relevant Group LLC v. Nourmand
Litigation activities under CEQA that resulted in a settlement were not objectively baseless and therefore protected under the Noerr-Pennington doctrine. |
Real Property |
|
M. Smith | Sep. 6, 2024 |
B328569
|
Holguin Family Ventures v. County of Ventura
Substantial evidence supported Ventura County Board of Supervisors' denial of winery-owners appeal from notices of violation regarding expansion of winery beyond its historical nonconforming use. |
Real Property |
|
K. Yegan | Aug. 15, 2024 |
A166299
|
Doskocz v. ALS Lien Services
Civil Code Section 5655, requiring delinquent assessment payments be applied first to the assessment before collection fees, serves a public purpose and cannot be waived. |
Real Property |
|
A. Castro | May 22, 2024 |
B324243
|
Equinix LLC et al. v. County of Los Angeles
Despite being the property's original owner, because property lessor's lease term was less than 35 years, it triggered change in ownership and subsequent property tax reassessment. |
Real Property, Taxation |
|
G. Weingart | May 13, 2024 |
B314426
|
Sam v. Kwan
Summary judgment based on bona fide purchaser doctrine was improperly granted when there were obvious factual disputes as to whether purchaser was adequately diligent. |
Real Property |
|
J. Wiley | Apr. 23, 2024 |
22-1074
|
Sheetz v. El Dorado County
Whether imposed administratively or legislatively, conditions on land-use permits necessitated a Takings Clause assessment as to whether constitutional requirements were met. |
Real Property |
|
A. Barrett | Apr. 15, 2024 |
B308382
|
Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes
Tree-cutting covenant contained in original recorded declaration establishing subdivision's general plan did not bind purchaser of property that was not described in that declaration. |
Real Property |
|
A. Mori | Mar. 4, 2024 |
B323731
|
Modification: Riddick v. City of Malibu
Trial court's order directing the City of Malibu to process proposed accessory dwelling unit as exempt from coastal development permit requirements was affirmed. |
Real Property |
|
D. Kim | Feb. 26, 2024 |
B323731
|
Riddick v City of Malibu
Trial court's order directing the City of Malibu to process proposed accessory dwelling unit as exempt from coastal development permit requirements was affirmed. |
Real Property |
|
D. Kim | Feb. 5, 2024 |
D079905
|
Modification: Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC
Lease provision limiting landlord's liability was invalid where that liability was necessarily based on the landlord's violation of statutory duty to disclose existence of hazardous substance on nonresidential real property. |
Real Property |
|
J. Kelety | Feb. 2, 2024 |
S275023
|
Romero v. Shih
Although there is a high bar, the law does not forbid an "exclusive" implied easement that effectively excludes property owners from an easement area's practical uses. |
Real Property |
|
L. Kruger | Feb. 2, 2024 |
D079905
|
Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC
Lease provision limiting landlord's liability was invalid where that liability was necessarily based on the landlord's violation of statutory duty to disclose existence of hazardous substance on nonresidential real property. |
Real Property |
|
J. Kelety | Jan. 29, 2024 |
A168529
|
Di Martini v. Superior Court (Gupta)
A claimant must seek court permission before filing a second lis pendens on the same property in a subsequent proceeding. |
Real Property |
|
V. Rodriguez | Jan. 24, 2024 |
B322619
|
Campbell v. FPI Management, Inc.
Low-income tenants retained standing to bring Unfair Competition Law claim because they suffered an injury in fact when they received three-day notice rather than the required 30-day notice. |
Real Property |
|
R. Evenson | Jan. 22, 2024 |
D082234
|
Vulcan Lands, Inc. v. Victoria Older Currier
Ambiguous mineral rights agreement included sand and gravel because both have commercial value, can be mined, and have been mined in the area since the 1920's. |
Real Property |
|
W. Dato | Dec. 22, 2023 |
A164470
|
Duncan v. Kihagi
Tenants were not barred from seeking other relief from harassing landlords after they vacated the property since they only abandoned the issue of current possession. |
Real Property |
|
J. Humes | Oct. 20, 2023 |
H049791
|
Homeward Opportunities Fund I Trust 2019-2 v. Taptelis
Plaintiff could not prevail in unlawful detainer action--where it failed to resolve recorded lis pendens prior to serving notice to quit--because title in the property was not perfected. |
Real Property |
|
C. Lie | Oct. 13, 2023 |
B320562
|
Fitness International v. KB Salt Lake III
Fitness company was required to finish renovations on a fitness center during COVID-19 because state and law orders allowed for construction of commercial buildings. |
Real Property |
|
J. Segal | Sep. 28, 2023 |
B308055
|
Maarten v. Cohanzad
Evicted plaintiffs alleged sufficient facts demonstrating that issue of whether landlords' placement of the property on Airbnb was for residential purposes could be determined by facts common to the class. |
Real Property |
|
R. Adams | Sep. 20, 2023 |
22-35573
|
Alaska Railroad Corp. v. Flying Crown Subdivision
District Court properly granted summary judgment for Alaska Railroad Corp. in property rights action regarding a 100-year-old railroad easement. |
Real Property |
|
J. Nguyen | Sep. 19, 2023 |
D080208
|
LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Assn.
Though trial court ruled in favor of defendant, plaintiff's Open Meeting Act action was not frivolous or unreasonable, despite the court's finding of unclean hands and plaintiff's rejection of a settlement offer. |
Real Property |
|
J. Irion | Aug. 28, 2023 |
B322976
|
Cave Landing, LLC v. California Coastal Commission
Despite local county's issuance of coastal development permit, the California Coastal Commission's ultimate authority over coastal area properties superseded county permit. |
Real Property |
|
A. Gilbert | Aug. 21, 2023 |
B317420
|
Modification: Ridec LLC v. Hinkle
Deed of trust still valid where quiet title judgment regarding the subject property was later set aside for fraud because the encumbering party had no knowledge of the judgment's defects. |
Real Property |
|
B. Hoffstadt | Jul. 31, 2023 |
A164531
|
640 Octavia v. Pieper
Tenants' evidence of prior negative interactions with San Francisco landlord were irrelevant to unlawful detainer action and landlord's bona fide intent to remove the property from the rental market. |
Real Property |
|
M. Markman | Jul. 28, 2023 |
C093603M
|
Modification: South Lake Tahoe Property Owners Group v. City of South Lake Tahoe
South Lake Tahoe vacation home renters did not have a vested constitutional property right from reliance on vacation home rental permits because the rental permits only granted a revocable license. |
Real Property |
|
H. Hull | Jul. 14, 2023 |
B317420
|
Ridec LLC v. Hinkle
Deed of trust still valid where quiet title judgment regarding the subject property was later set aside for fraud because the encumbering party had no knowledge of the judgment's defects. |
Real Property |
|
B. Hoffstadt | Jul. 3, 2023 |
A163550
|
Visitacion Investment v. 424 Jessie Historic Properties
Due to contractual ambiguity and triable issues of fact, summary judgment was improper in action to quiet title on easement due to alleged abandonment. |
Real Property |
|
T. Stewart | Jun. 29, 2023 |
C093603
|
South Lake Tahoe Property Owners Group v. City of South Lake Tahoe
South Lake Tahoe vacation home renters did not have a vested constitutional property right from reliance on vacation home rental permits because the rental permits only granted a revocable license. |
Real Property |
|
H. Hull | Jun. 21, 2023 |
G062001
|
Borden v. Stiles
Summary judgment was not appropriate where there was no evidence in the record regarding the date of landlord's death--relevant as to whether tenant was in lawful occupation of the property. |
Real Property |
|
J. Motoike | Jun. 8, 2023 |
G060657
|
Shetty v. HSBC Bank USA, N.A.
Pursuant to Civil Code Section 2924c, grant deed holder, who was not the original borrower, was a successor-in-interest to foreclosed condo and therefore was entitled to reinstatement rights. |
Real Property |
|
K. O'Leary | May 22, 2023 |